Umar Ali @ Bhola @ Sheikh Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.108 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- SC/ST District- Gopalganj ====================================================== Umar Ali @ Bhola @ Sheikh Bhola S/O Yasin Mian @ Yasim Sheikh VillageDhamapakar, P.S.- Manjhagarh, District- Gopalganj ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Rina Devi W/O Sanjay Ram Village- Dhamapakar, P.S.- Manjhagarh, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Javed Aslam, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. Public Prosecutor For R. No. 2 :
Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the appellant, respondent No. 2 and the State.
2. This criminal appeal has been filed against the order dated 12.11.2024 passed by learned Additional Sessions Judge-XI-cum- Exclusive Special Judge (SC & ST), Gopalganj in ABP No. 2524 of 2024 in connection with Gopalganj SC/ST P.S. Case No. 49 of 2024, instituted under Sections 126, 115(2), 76, 303(2), 329(3), 324(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(i)(r)(s)(w), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.108 of 2025(3) dt.27-03-2025 2/3
3. Prosecution case, in brief, is that on 18.07.2024 at about 8 AM, while informant was constructing house and watering the wall, in the meantime, all the F.I.R. named accused persons including this appellant came there and started molesting her and assaulted her with deadly weapons and abused her by caste name.
4. Learned counsel for the appellant submits that specific accusation of molestation is against co-accused Laddan. Allegation of assault is general and omnibus. It is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent No. 2 opposed the bail application.
6. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI-cum-Exclusive Special Judge (SC & ST), Gopalganj in connection with Gopalganj SC/ST P.S. Case No.
Patna High Court CR. APP (SJ) No.108 of 2025(3) dt.27-03-2025 3/3 49 of 2024.
7. Accordingly, this criminal appeal is allowed and impugned order dated 12.11.2024 is set aside with respect to this appellant only.
(Prabhat Kumar Singh, J) Navya/- U T